If you are convicted of rape in Ohio, you could face many years in prison or on supervised probation.
Even after release from incarceration, you will be required to register as a sex offender for the remainder of your life.
Given the immense seriousness of your situation, it is crucial to hire an Ohio criminal defense attorney experienced in handling such cases. At Hiltner Trial Lawyers, our firm takes pride in our years of experience assisting clients to obtain justice, even when facing life-altering charges.
Ohio Rape Laws
In Ohio, the statute regarding rape is outlined in R.C. 2907.02.
This law states that it is unlawful for an individual to engage in sexual conduct with another person who is not their spouse, particularly if they are living separately from the offender, under certain specified conditions.
These could be any of the following instances:
- The perpetrator used force, the threat of force, or intimidation.
- The other person is less than thirteen years old.
- The victim had impaired judgment because they were given a controlled substance.
- The perpetrator believed that the victim had a physical or mental impairment that compromised their ability to resist.
Rape is a first-degree felony. In some cases there is even a possibility of life imprisonment.
Penalties for Rape in Ohio
In Ohio, the severity of penalties for rape is influenced by various factors, yet all convictions fall under the category of First Degree Felonies.
The sentences can vary as follows:
- A mandatory sentence of 3 to 11 years is applied if the offense involved the administration of a drug intoxicant or force, provided the defendant was under 16 at the time and did not inflict serious physical harm on the victim. The victim was 10 years of age or older or had their ability to resist impaired due to a mental or physical condition.
- A minimum of 5 to a maximum of 11 years for those convicted of administering a scheduled controlled substance.
- A fixed term of 10 years to life imprisonment if the victim was younger than 13 years old.
- A mandatory sentence of 15 years to life for victims under the age of 10.
- A sentence of 25 years to life, or life without the possibility of parole, is mandated if the victim was under 13 years old and the offender caused serious physical harm or if the victim was 13 or older. The offender used force or threat of force.
Statutory Rape in Ohio
Facing accusations of statutory rape in Ohio presents significant differences and penalties compared to other sexual assault allegations. Ohio law dictates that individuals under the age of 16 are incapable of legally consenting to sexual activities. Thus, any sexual interactions with someone under 16 automatically classify as rape under state law, regardless of the presence or absence of assault, force, or explicit consent.
What is the Sexual Battery Law in Ohio?
There is a related charge known as sexual battery, which encompasses similar situations but often involves a social dynamic where the victim is unable to resist the perpetrator, such as cases involving a teacher, mental health professional, or prison guard.
Sexual battery may involve one or more of the following elements:
- Coercion by any means that prevents resistance.
- The perpetrator’s awareness that the victim’s ability to resist was substantially impaired.
- The victim is unaware of the sexual act being committed.
- The perpetrator is a parent or guardian of the victim.
- The perpetrator has some form of supervisory authority over the victim.
Sexual battery is typically classified as a third-degree felony, punishable by a prison sentence ranging from 1 to 5 years or a fine of up to $10,000.
However, if the victim is under 13 years of age, the charge escalates to a second-degree felony, with a potential prison term of up to 8 years.
Do’s and Don’ts When Charged With Rape in Ohio
Being charged with rape is a serious and life-altering event. The steps you take immediately after being charged can significantly impact the outcome of your case.
To navigate this challenging time, it’s crucial to be aware of the actions that can help your defense and those that could potentially harm it.
Here are some advisable first steps to consider or things you should do after getting charged of rape in Ohio:
- Hire a criminal defense attorney who has extensive experience with rape cases.
- Collect and preserve any physical evidence, including clothing, videos, or photos.
- Gather and secure any documents or records related to the charges, such as emails, letters, phone messages, or receipt, that could serve as an alibi at the time of the incident.
- Compile a list of all potential witnesses who may have information about the incident.
There are also some things that you should avoid doing at all costs:
- Do not attempt to communicate with the victim in any way.
- Avoid speaking to police or investigators without your lawyer present.
- Refrain from agreeing to undergo any tests, like DNA tests, or providing any evidence to the police before consulting with your attorney.
How Can An Ohio Criminal Defense Attorney Help in Building Your Defense?
A competent criminal defense attorney can provide a number of essential services for you during this difficult time.
Here are some ways your Ohio criminal defense attorney can help:
- Investigate the circumstances surrounding the alleged rape
- Determine if the victim is lying, either intentionally or unintentionally
- Determine if the victim has mistakenly identified the wrong person
- Verify the defendant’s alibi
- Collect evidence proving the alleged incident did not happen or that the defendant is not guilty.
- Inform you about your legal rights
- Assist in mounting a legal defense
- Negotiate a plea for lesser charges
Contact Hiltner Trial Lawyers Today
If you are facing a rape or sexual battery charge in Ohio, then you need the help of one the state’s most respected criminal defense law firms. With Hiltner Trial Lawyers, you’ll get a team of dedicated criminal defense attorneys who will be dedicated to helping you get justice and restore your good name.
Contact Hiltner Trial Lawyers today for a free and confidential consultation.
